Editorial: DNR right to use discretion in case of Lilly the deer

Lilly, the deer raised from birth by a Genesee County family, is shown in this submitted photo.

The following is an opinion of The Flint Journal Editorial Board.

Let’s be clear: Possessing wildlife without the proper licensing is illegal. It has been for years, and that’s the way it should be.

But when it comes to the highly specialized case of Lilly the Genesee County deer – at least, what the public has been told about it – the Michigan Department of Natural Resources did the right thing by allowing the family to keep the deer and using their public saga as a way to spread the message that wildlife belongs in the wild.

At first, the state agency said it would not allow the deer to remain with the family, and arguments surfaced about whether the deer could survive on its own in the wild, or whether it would fare OK in a zoo or farm.

Last week, the situation came to a head when the DNR appeared to back off its strong stance when an attorney for the family announced they would be allowed to keep the animal – if they pay $700 for a special permit to register as a deer-keeping facility, test the doe for bovine tuberculosis, maintain a suitable fence around their property and regularly report on Lilly's condition.

To top it all off, the family had to admit their knowledge of Michigan law, which states possessing wildlife is illegal.

The outcome is a compromise, but it’s one that is within the law and within the DNR’s discretion.

And, most importantly, it's in the best interest of the animal.

Could the DNR have carried out the letter of the law and removed the deer from the home or euthanized it? Absolutely. Does that mean they should have? We say no.

There’s a reason that agencies are allowed to exercise discretion, and this is one instance that turned out well for all the parties involved. The family was clearly worried about the deer’s well-being if the animal left their care, and they even hired an attorney to fight a potential confiscation.

We don’t want to see state agencies bend to public pressure, but the family wasn’t let off the hook in this case.

We expect the DNR will remain vigilant to make sure the family follows the letter of the law when it comes to the deer’s safety and the public’s welfare. If it turns out that the state’s demands aren’t met, or circumstances change, then reevaluation of the case would be warranted.

But in reacting to this specific case, the DNR did what it felt was right, and we support the outcome.

Editor's note: This editorial has been updated to correct the deer's location. Officials have not released what Genesee County community the family lives in.